The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1887-01-22
INTERSTATE COMMERCE BILL
A summary of its Provisions.

A Summary of its Provisions.
The interstate commerce bill passed on January
a. by the Senate has for its object the regulation of
commerce between the States, with view to the
prevention ofacts of injustice on the part of rail
roads to persons firms, corporations or localities
AS its title implies, the bill concerns only such COM
carriers engaged in the transportation of
passengers or property across State lines traffic Who'll
ly within one State being ex empt from its proyi-
sons All charges for service rendered in the trans
portation ofpassenger property it is provided in
the first section shall be reasonable and just and
every unjust and unreasonable charge is prohibited
and declared to be unlawful. This requirements p-
plies not alone to the arrsge of passengers prop
erty, but also to all services herewith connected.
such as receiving. delivering, storage handling.
In the second section it is provided that if any
mon carrier subject to the provisions of the act
SHALL directly indirectly, by any special rate,
bate drawback or other device, charge or receive
from any person greater or less compensation for
theransportation of passengers property than it
charges or receives from any other person for like
and contemporaneous service under substantially
similar circumstances and conditions, such common
carrier shall be deemed guilty of unjust discrimina
ton, which is declared 10 be unlawful The third
section forbds the giving of any undue or unreason
able preference advantage to any particular per-
son. firm, corporation locality, any particular
description of traffic, and also forbids subjecing
any particular person. firm corporation locality or
particular description of trafic to any undue
reasonable prejudice or disadvantage. Reasonable
proper and equal facilities shall be afforded for the
interchange of traffic between different transporta
ton lines and for the receiving, forwarding and
delivering of passengers and properly without dis
elimination as to raIes between connecting lines
The fourth section, to which great objection has
been made by railroad men, reads as follows: 1T
shall be unlawful for any common carrier subjeetto
the provisions of this act to charge or receive any
greater compensation the aggregate for the trans
portaton of passengers Of like kind of property
under substantially similar circumstances and con-
ditions, for shorter than for longer distance over
the same line in the direction, the shorter be-
ing included within the longer distance: provided
however that upon application to the commission
such common carrier may in special cases. after in
vestgation by the commission, be authorized TO
charge less for longer than for shorter distances"
Discussion of this section made clear the truth that
it did not as the opponents of the bill contended
prohibit higher rate per mile for short than for
long haul, but merely that the aggregate sum re-
ceived for the short local hauF should not ex-
coed, though it might equal, the sumEeceiyed for
long through haul. The effect of its operation
through rates, it shown, would be nil except in
maintained solely by the injustice of charging local
shippers more for short hauls than distant shippers
were charged for long hauls. The fifth section,
which the railroads likewise subjected to much
criticism, forbids common carriers engaged in in
ter-state commerce to ENTER into any contract,
agreement or combination with any other common
carrier carriers for the pooling of freights of diff
ferent and competing railroads or divide between
them the aggregate net proceeds of the earnings
of such railroads or any portion thereof" The
stability of rates which pools supposed to secure
the sacrifice to the public of competition, would
be secured it was shown by other provisions of the
BILL so that the pool would no longer have any ben-
eficia function. The sixth section. about the pro-
priety of which there could be no dispute, provides
that all rates. fares and charges shall printed and
posted for public INSPECTION, and shall not be ed
vanced except Gfter ten days public notice, which
shall plainly state the changes proposed and the time
when the increased rates fares or chargas 70
into effect Reduction may be made Withoutnotiee
but when made shall be Immediately posted toF
public inspection. To ask OF receive more OF less
than these published rates fares aud charges is de.
Glazed unlawful, Neglect to publish or file with the
commission copies schedule of rates will subject
the offending common carrier, in addition to other
penalties. 10 writ of maudamus TO be issued by q
Circuit Court of the United States the instance of
mandamus will be punishable as contempt. Nor Is
it to be lawful for common carriers to enter into
combinations or agreements to prevent, by change
of time schedule, carriage in different cars or other
device the continuous carriage of inter state traffic.
with view TO evading the provisions of the law
The doing of any act forbidden by the act or omit
ting to do what il requires will make the offender
liable to the party injured thereby for the full
amount of damage sustained. together with
reasonable attorneys fee, which fee shall be taxed
part of the costs in the case. Compainants shall
either apply for redress to tbs commission or may
bring snit in tAeir own behalf In actions for dam.
ages the court may compel any director, officer. re-
eeyeF trustee or agent of the defendant corporation
10 produce books and papers and testify. The claim
that testimony thus given may crminatc the person
tostfyh Is MOTTO cseuso gitaessra=Is syi;laszisIs
evidence fine of s. 900 is provided for offenses
against the requirements of the act To administer
the act commission of five persons is created 10 be
known as the 1pterstate Commerce Commission
these 10 be appointed by the President with the
advice and of the Senate to six years
receiving each salary of $500. This commission
is to inquire into the management OF the business of
all common carriers, and to this end is empowered
to require the attendance of Witnesses and the pro-
duction Of all books papers, tariffs, contracts &C.
relating to any matter they may desire investi-
be invoked in furherance of this portion of their
work. Any person. firm. corporation or association,
any mercantile agricultural or manufacturing
society," or any body polite or municipal orGaniza:
ton may invoke the Seryiees Of the commission,
sEating the facts complained of. The commission
will forward such statement, and will require the
common carrier complained Otto satisfy the com
plalnt or answer the same in writing in reasonable
time, 1.-THE railroad neglects to act in the matter
the commission Will itself make an investigation,
and if shall appear that the law has been violated
the railroad will be notified of the result of the In
vestigaton and required to desist from, such viola
tian and make re pATation within reasonable time
specified by the commission, If, however the Of
Tending corporation negleots or refuses to obey
lawful order Of the commission In respect to the
matter complained Of the commission ITSELF or any
person interested, may apply in a summary way by
petition to the Circuit Court of the United States
Such court will hear and determine the matter at
once a court of equity, without tho formal
pleadings of ordinary suits of equity the finding Of
matter in hand; For the purpose of the act tae
Circuit Courts shall be deemed 10 DO always In ses
sion. The principal office of tho commission shall
be in Washington, hut special sessions may be held
in any part of the United States At its option the
commission may require annual reports from all
railroads engaged in interstate commerce. and pre-
scribe the scope of such reports. 1t may also PIG
scribe uniform system of bookkeeping: The sum
of 100000 is appropriated for the Purposes of the
act which is to go INFO effect as regards the appoint
the rest Of It's provisions sixty days after its passage